S T A T E O F N E W Y O R K
________________________________________________________________________
1244
2009-2010 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 7, 2009
___________
Introduced by M. of A. LANCMAN, PHEFFER -- read once and referred to the
Committee on Education
AN ACT to amend the education law, in relation to requiring the instal-
lation of carbon monoxide detectors in school buildings
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The education law is amended by adding a new section 411 to
read as follows:
S 411. INSTALLATION OF CARBON MONOXIDE DETECTORS. THE COMMISSIONER
SHALL ADOPT REGULATIONS REQUIRING THE INSTALLATION OF OPERABLE CARBON
MONOXIDE DETECTORS IN EVERY ELEMENTARY AND SECONDARY SCHOOL BUILDING
WITHIN THE STATE WHEREIN THE USE OF HEATING OR OTHER EQUIPMENT POSES A
SUBSTANTIAL RISK OF EXPOSURE TO CARBON MONOXIDE. SUCH CARBON MONOXIDE
DETECTORS SHALL MEET THE MANUFACTURE, DESIGN AND INSTALLATION STANDARDS
ESTABLISHED BY THE NEW YORK STATE UNIFORM FIRE PREVENTION AND BUILDING
CODE COUNCIL PURSUANT TO SECTION THREE HUNDRED SEVENTY-EIGHT OF THE
EXECUTIVE LAW.
S 2. Subdivision 6-c of section 3602 of the education law, as amended
by section 1 of part A2 of chapter 62 of the laws of 2003, is amended to
read as follows:
6-c. Building aid for metal detectors, SECURITY CAMERAS AND OTHER
SECURITY DEVICES, CARBON MONOXIDE DETECTORS and safety devices for elec-
trically operated partitions, room dividers and doors. In addition to
the apportionments payable to a school district pursuant to subdivision
six of this section, the commissioner is hereby authorized to apportion
to any school district additional building aid pursuant to this subdivi-
sion for its approved expenditures in the base year for the purchase of
stationary metal detectors, security cameras, CARBON MONOXIDE DETECTORS
REQUIRED PURSUANT TO SECTION FOUR HUNDRED ELEVEN OF THIS CHAPTER, safety
devices for electrically operated partitions and room dividers required
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01000-01-9
A. 1244 2
pursuant to section four hundred nine-f of this chapter, or other secu-
rity devices approved by the commissioner that increase the safety of
students and school personnel, provided, however, that funds apportioned
to school districts pursuant to this section shall not supplant funds
for existing district expenditures or for existing contractual obli-
gations of the district for stationary metal detectors, security
cameras, CARBON MONOXIDE DETECTORS, partition and room divider safety
devices, or security devices. Portable or hand held metal detectors
shall not be eligible for aid pursuant to this subdivision. Such addi-
tional aid shall equal the product of the building aid ratio computed
for use in the current year pursuant to paragraph c of subdivision six
of this section and the actual approved expenditures incurred in the
base year pursuant to this subdivision, provided that the limitations on
cost allowances prescribed by paragraph a of subdivision six of this
section shall not apply. The commissioner shall annually prescribe a
special cost allowance for metal detectors, and security cameras, and
the approved expenditures shall not exceed such cost allowance. THE
COMMISSIONER SHALL ANNUALLY PRESCRIBE A SPECIAL COST ALLOWANCE FOR
CARBON MONOXIDE DETECTORS, AND THE APPROVED EXPENDITURES SHALL NOT
EXCEED SUCH COST ALLOWANCE. The commissioner shall annually prescribe a
special cost allowance for partition and room divider safety devices,
and the approved expenditures shall not exceed such cost allowance.
S 3. Notwithstanding any other provision of law, rule or regulation to
the contrary no school district shall be required to make expenditures
in its current fiscal year or in any subsequent fiscal year of more than
one hundred dollars per affected school building for carbon monoxide
detectors.
S 4. This act shall take effect January 31, 2010, and shall apply to
all school buildings first occupied on or after such date, provided,
however, that the commissioner of education shall be immediately author-
ized and directed to promulgate rules and regulations and take any and
all other actions necessary to implement the provisions of this act on
such date, and provided further that such rules and regulations shall
provide that school buildings occupied prior to January 31, 2010 shall
be required to install operable carbon monoxide detectors not later than
January 31, 2012.